1. The Plaintiff (Counterclaim Defendant) paid KRW 9,549,050 to the Defendant (Counterclaim Plaintiff) and its amount from October 12, 2013 to September 17, 2015.

Basic Facts

The Plaintiff obtained a construction permit from the head of Gangseo-gu Busan Metropolitan Government on June 13, 2012 to newly construct one unit of building (one story, a total floor area of 384 square meters) on the B ground of Gangseo-gu Busan Metropolitan Government (hereinafter the Plaintiff’s construction on the premise of the said construction permit; the construction of the instant building is referred to as “instant construction”; on August 9, 2012, from the head of Gangseo-gu Office on the same day, the number of buildings of the newly constructed building as to the said construction permit is changed from one unit to two units (two units of the main building, a total floor area of 287.68 square meters per Dong; 83.4 square meters per second unit of the main building; hereinafter referred to as “one unit,” and hereinafter referred to as “second unit”).

(2) Around the beginning of August 2012, the Plaintiff entered into a contract for construction works of this case with the Defendant (i.e., the scope of the contract for construction works, the process of conclusion, and the price thereof; hereinafter the same shall apply) (i) the Plaintiff entered into a contract for construction works of this case (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2012). Around November 201, 2012, the Plaintiff changed the design of Section 2 from the building permit of this case to the second floor, and obtained permission from the head of Gangseo-gu on December 5, 2012 (hereinafter referred to as “second design change”). According to the second design change, the second Dong did not change in the overall height of the building and added the second floor to the inside of the building.

Around the time of the second design modification, the Plaintiff entered into an amendment agreement with the Defendant on the addition of the construction cost of the second floor to KRW 25 million (excluding value-added tax).

(hereinafter “Revised Contract”) Provided, That there is a dispute between the parties regarding the scope of construction works under an modified contract.

Around January 2013, the owner of the building of this case was changed from the plaintiff to the Korean comprehensive siren Co., Ltd.

The head of Gangseo-gu shall conduct the building in this case on February 27, 2013.